The Residents Association Committee met with Taylor Wimpey in October 2024.  In this report we focus on discussions about the footpaths across our Public Open Spaces (POS).  And we are seeking your views so please take a look and provide feedback.

In this article the term ‘footpaths’ does not include the roadside asphalt pavements on our developments.

Footpaths on Herdwick Gate

The plan below shows where the footpaths should be.

They are Breedon gravel paths that are mostly at the back of the development (south side) leading from Blands Grove and Joy Drive towards the playground area.  There is also a small path that leads down to Bailey Road from Webb Road.

The plan also shows a path leading down the hill towards the end of Webb Road that has not been built (indicated by blue dashes).

Significant erosion

In just a few years all of these footpaths have been eroded by surface water.  This makes them uneven to walk on and unsightly.  Why is the erosion so bad?  It’s a combination of at least three factors:

1. The underlying land is predominantly Blue Warwickshire clay which does not absorb much water, so when it rains water flows along the surface.

2. The paths are on a hill with a steep gradient, which means the water flows quickly downhill.  Faster flowing water leads to more erosion.

3. Breedon gravel is not the most resilient type of material that could have been used.  For example asphalt would be much better.  Taylor Wimpey would not have chosen this type of gravel but the planning authorities insisted on its use.

What can be done?

If the footpaths are so badly eroded after just a few years imagine how much worse they will be in future.  The cost of remedial work, to be paid by residents will be significant.

We have asked Taylor Wimpey if they can come up with a better solution.  That could potentially include the use of alternative materials or possibly redirecting the footpaths so that water does not build up so much speed as it flows downhill.  We await their further advice.

The missing footpath - please tell us what you think

The path highlighted with blue dashes on the plan shown above was proposed to meet Disability Discrimination Act requirements.  It is intended to provide access to the top of the hill, and the playground for those with mobility issues.

This is a well intentioned aim, but it turns out the planning regulations make the installation of a gravel path on a hillside with a steep gradient challenging to deliver.

As we have already outlined, erosion caused by surface water drainage is an issue.  Plus the council would not sign off a path with such a steep gradient.  So having a path in a straight line as shown on the plans would simply not work.  So why was it put in the plans in the first place we hear you ask?  We don’t know the answer to that!

It is possible to redesign the path so that it winds round in a series of bends but that would be a significant project.  And the reality is that most people would probably choose not to walk down a serpentine path but would walk in a straight line as it’s the easiest way to go.  In fact there is already an established right of way that comes straight down the hill which is well used by walkers.

So we would like to ask you, the residents of Herdwick Gate and Herdwick Fold what you think about the missing footpath.  The Disability Discrimination Act of 1995 and subsequent Equality Act of 2010 aim to make public spaces more accessible for disabled people.  But this is subject to a test of reasonableness.  Is it reasonable to insist this work is carried out no matter how difficult, even if it is little used?  Please tell us what you think.  Contact Us

Footpaths on Herdwick Fold

The plan below shows in orange where the footpaths should be, (ignore the roadside pavements).

As with Herdwick Gate they are Breedon gravel paths.  They can be found at the back of the development (north side) close to the playground area, and also along the west side, passing Nichols Court and leading to Campden Road.  

More signs of erosion

As with Herdwick Gate there are signs of erosion caused by surface water.  The reasons are similar to those stated above although in this case the gradient of the land may not be quite as steep.  

A significant amount of water flows from adjacent land not owned by Taylor Wimpey, particularly from the north side and the north-west corner close to the footpath leading to the neighbouring Cala development.  The capacity of the drains in that part of the development appears to be wholly inadequate.

Along the west side of Herdwick Fold a natural spring can be found flowing up through the middle of the footpath.  This has created a hole currently the size of a dinner plate and growing.  It’s not the kind of water feature we need.

Again we have asked Taylor Wimpey to give this some thought as this amount of erosion after just a few years does not bode well for the future.  We await their response.

Footpath connecting Hands Place to Campden Road

You may be aware from previous RA news reports that original plans show this footpath.  It is circled in red below.

In our discussions with Taylor Wimpey that have told us that this footpath will not be created.  They say this is because the elevation of the land will mean it has a sloping gradient as it approaches the main road, which the council will find problematic from a road safety perspective.  It may not be as steep as the path that is being removed at Bradley Drive, but it’s the same issue.

Taylor Wimpey also say that shared ownership of the land complicates matters, although we don’t believe that this should be a reason not to build the footpath - it just require parties to work together.

In the absence of a proper footpath residents have created their own informal routes.  One is at the far side of the attenuation basin connecting Barrett Place with Campden Road (orange dashes in image above).  The other has seen someone saw through the knee rail so that people can walk from Hands Place to Campden Road.  Once established people will keep using them even though they are likely to be muddy in winter and devoid of grass in the summer.

You can’t blame residents for creating these pathways, it’s a consequence of bad planning by the developers and the local council.  So again we are seeking your views on this.  Should we be pushing for proper pathways with a safer and more durable surface?  Or are you OK with the status quo?  Tell us what you think.  Contact Us

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You’ve probably noticed that Christmas adverts are already on TV so it would seem the festive season is underway.

Pia Stevens, a resident on Herdwick Fold is keen to get in to the Christmas spirit and is inviting fellow residents to do the same.  She is encouraging us to decorate a tree outside our houses to make a Christmas Tree Trail that children can walk round.  The theme is “Disney”.

Your outdoor decorations will be judged and winners will receive a small festive gift (including something for children who have contributed).  Pia invites all entrants to pay a £5 entry fee, which is effectively a donation to Shipston First Responders.

Your decorated tree can be displayed from 1st December, but no later than 7th December 2024 during which time it will be judged.

This festive invitation goes out to residents on Herdwick Gate, Herdwick Fold and also our neighbours on Shepherd’s Gate.

If you wish to take part the contact details for Pia are shown on the image above.  Good luck!

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When you bought your house on Herdwick Gate or Herdwick Fold presumably you were told that one day you would be paying a monthly charge to cover the cost of maintaining our Public Open Spaces (POS).

POS includes communal grassed areas, trees, shrubs, ground coverings (such as tree bark), playgrounds, the Breedon gravel footpaths, sub-soil drainage systems and attenuation basins.

Apparently it’s common on new developments for local councils to avoid taking responsibility by pushing it back to the new residents to pay - on top of their council tax.  Thanks for that WCC!

So how much is it, how does it work and why aren’t we paying already?

Current situation

Herdwick Gate & Herdwick Fold are managed separately in terms of maintenance and will have separate maintenance contracts.  But what follows applies equally to both.

Right now most residents are currently paying nothing for the maintenance of our POS.  That’s because until our developments are officially signed off with all works completed Taylor Wimpey remain responsible for this work and they stand the cost.

The only exceptions we have heard about are from residents who are in Assisted Housing - either shared ownership or renting from a housing association.  For some at least, it appears that part of the regular payment they make includes an element that notionally covers the POS maintenance charge.

So a resident may be paying their housing association a contribution towards POS maintenance but the housing association is not paying anything yet to a management company.  It’s hard to understand how this can be justified.  (If you’re in Assisted Housing you might want to check if you are paying a contribution towards POS maintenance, and if so it might be worth asking where that money is going). 

Sign off and POS transfer of title

When all construction and landscaping works are completed and each development is finally signed off, the title to the POS land will be transferred from Taylor Wimpey to Trinity (Estates) Property Management Ltd.

At this point Trinity become legal owners of the land and are responsible for its upkeep (including the attenuation basins).  They must maintain the POS in accordance with a published schedule and ensure that suitably qualified people are employed to carry out the work to the required standards.  At the appropriate time the Residents Association will approach Trinity and seek to have representation on the committees responsible for organising and managing the work on both developments.

How much will we pay?

Trinity must prepare an annual budget showing expected costs, which will include their own fee for managing the work.  The total cost is divided by the number of property owners and this translates to a charge which most of us will pay by monthly direct debit. 

Back in 2022 the cost for Herdwick Fold was said to be around £20 per month.  Herdwick Gate is probably a similar amount.  But as already mentioned, most people are paying nothing yet.  And we may not pay anything for quite some time.  Here’s why.

Section 106 and the Seven Year Clause

Taylor Wimpey pay all maintenance costs until the development is signed off as finished.  We don’t know precisely when this will be but Herdwick Gate appears to be closer to the finishing line than Herdwick Fold.

But even when that transfer of ownership to Trinity takes place we still may not have to pay.  And that’s because of something called a Section 106 agreement.

An S106 agreement is a legal document that sets out a number of terms and conditions agreed by the landowner, construction company and the local council when planning permission is being sought for a new development.  Within in it are clauses where the parties undertake to do specific things.

One such clause that appears in the Section 106 agreements for both Herdwick Gate and Herdwick Fold says that Taylor Wimpey will make a payment to Trinity “to fund the maintenance for a period of 7 years”.  (See image for Herdwick Gate).

However when the RA Committee met with Taylor Wimpey recently it was clear that they are now not happy with this “7 year clause" in the S106 document, which the company signed during the planning application process.  There is some kind of internal discussion going on about it.

The conclusion we draw is that they may be looking for a way to wriggle out of this legally binding agreement.  Our understanding is that any request to vary the clauses in a S106 document would require the consent of all parties, and that includes Stratford District Council (SDC).

Back in July 2024 we wrote to SDC and asked them to confirm the S106 documents are in force and we specifically asked about the “7 year clause".  We have heard nothing back.  So on 21st October 2024 we chased them up and we await their reply.  If any resident has contacts within SDC that may help to speed up their response please do get in touch.

This is a subject that the RA Committee has on its radar.  We will update you when we have more.

Adoption of roads and footpaths

A final point on asphalt roads and footpaths.  These will be adopted by WCC in due course so our maintenance agreement does not cover these.

UPDATE 6th November 2024: In our original article we said that private (bricked) roadways are not going to be adopted.  We also said that they would not be covered by Trinity maintenance.  This was based on our reading of a management proposal document from Trinity about Herdwick Fold dated 17th October 2018.

Since we published this report residents on Herdwick Gate have shown us the equivalent Trinity document for their development.  It clearly shows that private roads are covered by the maintenance agreement.

We looked in to the reason for this difference.  It turns out that with the Herdwick Gate development these private roadways are not owned by individual property owners.  They are part of the commonly owned land.  Whereas on the Herdwick Fold development people living in properties adjacent to private roadways actually own the section that is in front of their home.  An example from NIchols Court is shown here.  You can see the property boundary, marked by a red line includes a section of private road.

So in summary, private roadways on Herdwick Gate are covered by the Trinity maintenance agreement and the ones on Herdwick Fold are not.  Sorry for any confusion caused by our original article.

If you have any comments or questions about this news article please feel free to get in touch.  Contact Us.

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The Committee of the Residents Association would like to give notice of our next General Meeting.

This will be held in the The Hub off Pittway Avenue.  The date is Thursday 28th November starting at 18.30.  We expect the meeting to take around one hour.

The meeting is on the first floor which is normally accessed by stairs.  If you have mobility issues please let us know in advance so we can arrange alternative access.

You can see the proposed agenda on our website.  Please click here to go to the relevant page.

If there is something specific you wish to raise please contact us as soon as possible so that we can consider if it is already covered or whether we need to add it to the agenda.

You will have an opportunity to speak at the meeting and to ask questions.  You don’t have to notify the committee in advance but it may help to do so if there is anything we need to research before the meeting in order to answer your question.  Please feel free to contact us if you wish. 

We hope you will take the opportunity to be a part of The Herdwick community and come along to the meeting.  We do need a quorum for the meeting to take place.  We look forward to seeing you there.

Best wishes. 

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In this report we explain how persistence has finally paid off for one resident on Herdwick Gate.

Sophie Dryburgh-Bockhart and her husband Andrew live with their young family on Herdwick Gate in a quiet spot overlooking the large communal space on the south side of the development.  They moved here from the Cotswolds four years ago taking advantage of a shared ownership scheme.

Less than a month after moving in they noticed problems with surface water running off the hill towards their property.  It was not the moving in present they wanted.  Flooding in her front garden was bad enough - coming up to the house and engulfing their gas meter, but on one occasion water came through the front door, damaging the carpet.

Sophie approached Platform Housing who (when they finally answered the phone) said they would look in to it, but ultimately they did nothing to help.

She called Customer Services at Taylor Wimpey Midlands who took details and then failed to act.  Sophie followed this up on a number of occasions with no success.  Finally in desperation in 2021 she found the contact details of a senior manager at Taylor Wimpey and appealed for help.

“They were quite shocked when they heard about our situation”, Sophie told us.  “Shortly afterwards they came and installed a French drain that should have taken the water away but as it turned out, it made no real difference”.

The flooding problem continued and was causing Sophie and her neighbours considerable anxiety; not knowing whether the next severe storm would trigger run-off that would enter their property.

Sophie told us, “And what is also laughable is that I was advised by Taylor Wimpey at seven months pregnant, in the torrential rain to empty my full recycling bin, drag it to the front of the property, find a saw, saw the down pipe in half, put the bin under the down pipe in the hope that it will catch the amount of water coming from the roof.  My husband nearly choked when I told him”. 

In 2023 Sophie raised the problem with local Town Councillors who offered advice and support.  They helped in practical ways, like sourcing sandbags, and also wrote to Taylor Wimpey on her behalf to put pressure on them to respond.  They considered writing to the local press.

Over recent months there seems to have been a change in attitude at Taylor Wimpey.  Following further representation from the Town Mayor and our Stratford District Councillor and with the Residents Association also involved we have finally seen progress. 

Contractors turned up on 14th October and have been digging out a channel for a new drain.  (See main image above).  It was discovered that one of the old drains was not even connected so water had nowhere to go.  It’s a story we have heard from other parts of the development and it makes you wonder how such poor work was signed off in the first place.

The scale of this work is significant - it’s a bit more than the previous 6 inch French drain, but as this is very much “Work in Progress” the jury is still out on whether this fix is going to do the job.  We sincerely hope it does because apart from anything else Sophie and her husband will soon be having another baby and the last thing they need is further anxiety from flooding.

Sophie tells us that they love Shipston; it’s a wonderful place to live but they have been less than impressed by Platform Housing and Taylor Wimpey.  “It should not have been this hard to get them to do the right thing but I’m happy they finally acted”.  

Sophie continued, “I hope my story might show others who have had similar problems that there is light at the end of the tunnel.  Persistence is the key.  And when dealing with Customer Services always get a reference number and a name”.

We wish Sophie, Andrew and their family all the very best for the future.  May this Christmas and New Year be a happy and dry one for them.

Have you been affected by poor surface water drainage?  Get in touch and tell us your story.  Contact the Residents Association.

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The Residents Association (RA) Committee met with the Taylor Wimpey Midlands Technical team (TW) last week to discuss the things you told us were your priorities.  Also present were Dave Passingham our Stratford District Councillor, Town Mayor John Dinnie and Town Councillor Jerry Corless.

In this report we summarise what was discussed and explain what we can expect over the coming weeks and months.

Our approach

We may share a number of frustrations about the way in which TW has handled things in the past, but our approach is to develop a good working relationship with them.  We will engage with TW in a professional and respectful way, whilst at the same time being very clear about we expect them to deliver.  

The good news is that TW approached this meeting in a constructive way and they listened to what we had to say.

Addressing Your Top Priorities

We started by going through the survey results, which clearly show what matters to you the residents.  Here is what they had to say about your top priorities.

The proposed Hanson Farm development

This is a matter of concern, particularly to residents of Herdwick Gate and the strength of feeling of those residents was conveyed.  A number of specific issues were outlined, including the dangers of having construction traffic on Webb Road.

TW was asked if they could object to the proposed development.  They are going to look in to this but there are no promises.

The condition of roads/pavements

This is predominantly an issue for Herdwick Fold.  There is good news and not so good news.

First of all we set out our concerns about the dangerous state of the roads and pavements, especially for the elderly, disabled, young children and wheelchair/pushchair users.  Many people have suffered damage to vehicles.  There are real health and safety issues.

The good news is that TW assure us that they have all legal permissions in place to get the roads and pavements on Herdwick Fold finished.  It will take them around two months to make the necessary preparations with contractors to do the surfacing work.  Then the work itself will be carried out relatively quickly, subject to weather conditions.

The not so good news is that they can’t start those preparations until Orbit/United Living - the Shepherd’s Gate development - fix a problem on Hands Place at the junction where it meets Nason Way.  (See image).  It’s to do with road levels from one development not being the same as the other.  Obviously they need to be the same.  

TW have discussed this with United Living and there is agreement that United Living will do this work at the earliest opportunity.  SDC Councillor Dave Passingham has already written to Orbit to ask them to expedite matters.

Once that work is done and the levels match, TW will begin the two month process of commissioning the surfacing work.  We think that realistically the roads and pavements could be finished by Spring 2025.

One last point here: the pavement with a steep gradient that connects Bradley Drive to Campden Road will be removed and landscaping work will take place such that you should not be able to detect that the pavement ever existed.

Landscaping issues in the Public Open Spaces (POS)

As part of our meeting we took Taylor Wimpey round both developments and it would be fair to say it was a bit of an eye-opener for them.  Following an earlier TW audit the existing contractor responsible for maintaining our POS (PGE) will be replaced by a new company in November 2024.*

When the new contractor comes in there will be a full site survey (both developments) to establish what needs to be done to bring the landscape in line with original plans.  Members of the RA Committee will accompany them as they conduct the survey.

* EDIT UPDATE: Following publication of this report we have subsequently learned that the contractor coming in to do the survey has been employed only to carry out remedial work.  The existing contractor will continue to maintain the POS.

It will be interesting to see what this survey finds.  The Residents Association conducted its own landscape survey in the summer and we found 40% of trees/shrubs/plants either missing or dead.  Plus there were missing environmental installations such as bat boxes and bird boxes.  There is much work to be done.

Importantly our POS can not be transferred over to Trinity (Estates) Property Management Ltd until everything is to the required standards.  Home owners should not pay anything towards maintenance costs until this transfer has taken place.  Please look out for a separate news article about “Maintenance Charges” - coming soon on the RA website.

Adoption of roads/pavements by Warwickshire County Council

You won’t be surprised to hear that Herdwick Gate is closer to adoption than Herdwick Fold because they have properly surfaced roads and pavements for a start.

With Herdwick Gate all the necessary checks have been completed and permissions are now in place for adoption to take place.  It is normal for Warwickshire County Council (WCC) to monitor things for a period of up to 12 months to make sure everything is OK.  We are now within that 12 month monitoring period so it is our understanding that by this time next year (Autumn 2025) Herdwick Gate roads and pavements will be adopted by WCC.

It’s important to mention that bricked roads are “private roads” and as such will not be adopted.  Adjacent houses own their own section of a private road and some neighbours may have a legal right (easement) to use the road to reach their own property.  Also our green spaces and footpaths (POS) are not going to be adopted by WCC.  We the residents have the privilege of paying for that on top of our council tax!

Other Important Issues

Surface Water Drainage on POS

Whilst this didn’t make your top three priorities in the survey it was pretty high up.  This may be a reflection of the fact that it is a transient issue: for the most part rain comes and goes.  But surface water drainage issues in our open spaces can sometimes become a very real problem for individual home owners.  We are on a hillside and water will find the easiest way to the River Stour and for some that has meant through their properties.  

But even if the drainage problems are in public spaces it can still have a detrimental effect on things like our footpaths and playground areas.  We told TW that we have some serious concerns about surface water drainage and we gave examples.  We believe this is an issue that will not go away unless properly addressed.

TW said that there had been some extreme weather conditions and that they were addressing problems identified at specific locations where residents were badly affected.  However they cautioned against any expectation of wholesale changes to the drainage systems installed.

Whilst we are happy that specific residents are being helped, this answer didn’t go as far as we would have liked.  We may need to put in further work on this if we are to make progress.  If any resident wants to help in this regard please contact us.

Please look out for an upcoming news story about one flooded resident on Herdwick Gate who has finally had her appeals for help heard by TW.

Condition of footpaths on POS

This is related to the surface water drainage issue.

Many of you will have noticed that the footpaths in our POS have been badly eroded by running water.  Indeed one footpath on Herdwick Fold has a natural spring right in the middle of it which is carving out a crater that has to be avoided.

TW explained that the material used, Breedon Gravel, would not have been their first choice but conditions in the planning consent required them to use this material.  Another type of gravel would have been more suited.  They did say that they will explore all possibilities to renew and strengthen the footpaths, so we look forward to hearing their proposals.

And of course some sections of footpath have not yet been created, including the path at the back of Herdwick Gate which should go all the way down to the end of Webb Road.  Also awaited is the footpath that will connect Hands Place (Shepherd’s Gate) with Campden Road.

As an aside, the spontaneous footpath on the far side of the attenuation basin that connects Barrett Place (Shepherd’s Gate) to Campden Road is on land not owned by TW, so they don’t propose to do anything with that.  As a now established ‘desire line’ it’s hard to imagine how that can be stopped.

Conclusion

We think this meeting represents a good start but of course words need to be followed by actions.  

The Committee has a good line of communication with TW and we intend to monitor the situation.  If we don’t see promises being kept we will raise our concerns with Taylor Wimpey and seek answers.

We are realistic enough to understand that getting both developments over the finishing line is going to take time.  We don’t expect miracles, but we think it is fair to expect a plan with milestones so that we can see where things are going well and where things are not.

Where things may have previously “fallen down the cracks”, your Committee is going to be the Polyfilla that fills those cracks so that important issues don’t simply get lost and forgotten about.  We will publish updates in the News section of our website when we have more to report.

In the meantime please feel free to provide us with your feedback on what you see happening on our two developments - positive or negative.  Click here to Contact Us.

Let’s all work together to make The Herdwicks a better place to live.  If you can spare a small amount to help fund our work please visit our Fundraising & Donations page.  Every little helps.  Thank you!

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